Robinson Bradshaw

Author: Adam Doerr

Merger Litigation Continues in North Carolina

Last month, we previewed the challenge to a settlement of litigation involving the Reynolds-Lorillard merger. The Business Court has helpfully made available the transcript of the hearing on approval of the settlement, which took place on February 12. At the hearing, the Court made clear that it was quite familiar with recent changes in merger […]

Airline Price-Fixing Litigation Arrives in the MDNC

Cone v. American Airlines Group, Inc., a case filed this Thursday in the Middle District of North Carolina, is one of dozens of antitrust suits filed against the major U.S. airlines in courts across the country in recent weeks. With the addition of North Carolina, suits are now pending in at least seven states and […]

A Window on Timeliness Issues

Late last year, we explained the tricky statute of limitations issues that can arise regarding “cross-jurisdictional class action tolling.” The issue arose in some of the many Pella window cases pending before Judge Norton in the District of South Carolina. Those cases have now raised several more interesting timeliness issues—when plaintiffs can consolidate pending cases […]

Recent Filings – July Digest

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of July’s filings: Alexander v. Pella Corporation, No. 15-1828 (4th Cir. July 28, 2015) (docketing appeal from Order dismissing claims as untimely because cross-jurisdictional class action tolling did not apply and class members […]

Trends in Shareholder Class Actions Challenging Corporate Mergers

In two recent studies of shareholder class actions over corporate mergers, the authors reached conclusions consistent with our experience with such cases in North Carolina: that nearly every acquisition of a public company results in shareholder litigation. The Cornerstone Research report found that 93% of public company acquisitions were challenged. Takeover Litigation in 2014, a […]

If at First You Don’t Succeed…

Unlike many pretrial rulings, “[a] district court’s order denying or granting class status is inherently tentative.” Coopers & Lybrand v. Livesay, 437 U.S. 463, 469 n. 11 (1978). Rule 23 expressly provides that “[a]n order that grants or denies class certification may be altered or amended before final judgment.” Fed. R. Civ. P. 23(c)(1)(C). Indeed, […]

Controversy over Cy Pres Settlements

Funds from a class action settlement are generally distributed to class members. But in some cases, not all funds are claimed. In others, it may not even be possible or practical to distribute any funds to individual class members. A “cy pres” distribution is one way of dealing with this issue. The concept comes from […]